FSS is in the business of providing online, real time, and electronic transaction processing services and has been continuously using "FSS" as its trademark/service mark ever since 1991 and has registered "FSS" under the Trade Marks Act, 1999, with effect from 2000. Brilliant Tutorials is an institution offering educational services (postal education, coaching classes, etc.) and has a software development division "Firstware Software Solutions", abbreviated as FSS. FSS Pvt. Ltd. filed an application seeking ad interim injunction restraining Brilliant Tutorials to cease and desist from using "FSS", alleging that the use of "FSS" by Brilliant Tutorials is with malafide intentions and an act of free riding on the reputation built by FSS Pvt. Ltd. The High Court of Madras, deliberated upon whether mere use of the acronym FSS along with the full name Firstware Software Solutions would amount to passing off and whether the plaintiff proved the acts of passing off alleged against the defendant and came to a conclusion in favour of the plaintiff as the act of passing off by the defendant was answered in affirmative, following the admission made in the written statement as well as in D.W.1 in the proof of affidavit in lieu of chief examination, that they have immediately removed the letters "FSS" from their website on receipt of summons in the suit. Since Brilliant Tutorials conceded that it used the mark "FSS" which was duly registered by FSS Pvt. Ltd., the Court directed Brilliant Tutorials to pay damages to the tune of Rs. 2,00,000 and granted a permanent injunction.